DoneEZ Terms & Conditions
Welcome to DoneEZ. Please read the following Terms of Service carefully because they apply to your access to and use of the Web Site and Services and constitute a legally binding agreement between you and DoneEZ, Inc. The terms "DoneEZ" or "us" or "we" or "our" or “Company” refers to DoneEZ, Inc., the owner and operator of the Site. The terms "You" and “you” refers to the person accessing or using the Site, or the company or organization on behalf of which that person accesses the Site. By using the Site, you are agreeing to these terms, and these terms will govern your use of the Site. If you do not agree to these terms, you must cease use of the Site.
Our Services
DoneEZ is a online website that seeks to provide consumers with an easy to use platform where they can seek help from local people and businesses that provide goods and services. Please read the following terms and conditions carefully. These Terms of Service govern your access to and used of the site, including any content, information, products or Services therein. This is a legal agreement between you and DoneEZ and applies to you whether you are a registered user of the site offering services (Seller) or seeking services (Buyer) or a non-registered user just browsing (collectively “Users”)
By using or even just visiting DoneEZ, you acknowledge your acceptance of both the Terms of Service as well as the terms and conditions of our Privacy Policy, published at www.doneez/privacypolicy and incorporated in these Terms of Service by reference. If you do not agree to all of these terms or conditions then you may not use DoneEZ.
DoneEZ may contain links to other websites. Please be aware that we are not responsible for the practices, privacy policies or the content of such third-party websites. We encourage our users to read the terms of service and privacy statements of each and every website they visit. The ability to access information of third-parties from DoneEZ, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content. By using DoneEZ you expressly relieve us from any and all liability arising from your use of any third party website.
You are permitted to use DoneEZ, only if You: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of DoneEZ in any medium without DoneEZ’s prior written authorization except as permitted through DoneEZ's functionality and under these Terms of Service; (4) Do not change any part of DoneEZ other than in ways that may be reasonably necessary for you to use DoneEZ for its intended purposes; (5) Provide accurate and complete information when creating an account; (6) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using DoneEZ; (7) Don't collect any personally identifiable information, including full names, physical addresses or e-mail addresses, for commercial purposes outside of business agreements facilitated by DoneEZ; (8) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (9) Affirm that you own or have the necessary licenses, rights, permissions, and consent to use and authorize DoneEZ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across DoneEZ; (10) Grant each DoneEZ user, whether using DoneEZ or an application developed via a third-party developer, a non-exclusive license to access your submissions through DoneEZ and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through DoneEZ’s functionality and under these Terms of Service; (11) Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to DoneEZ; and (12) Affirm we have the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Use of the Services
You agree to use the Services only for lawful purposes.
(a) You agree not to do any of the following: (1) upload to or transmit on the Services any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept content or messages not intended for you; (4) misrepresent an affiliation with, or otherwise impersonate, any person or organization; (5) upload to or transmit on the Services any advertisements or solicitations of business that are unrelated to the Services offered by the Company; (6) restrict or inhibit use of the Services by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Services or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Services); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discusses an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or the Services or any networks connected to this site or the Services; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; (15) conduct or forward surveys, pyramid schemes or chain letters; or (16) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by the Company, may harm the Company or users of the Services or expose them to liability.
(b) You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any aspect of the Services, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Services. You grant to the Company the right to use all content you upload or otherwise transmit to the Services in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format or media whatsoever, or modifying it, incorporating it into other material or making a derivative work based on it.
(c) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the Services (including password-protected areas), and all articles and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. All information publicly or privately transmitted through the Services is the sole responsibility of the person from whom such information originated and the Company will not be liable for any errors or omissions in content and the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services or the authenticity of the data provided by other users.
(d) To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. Individuals are only allowed to have one account. It is a condition of your use of the Services that all the information you provide on the Web Site will be correct, current and complete. The Company reserves the right to terminate an account if information is not correct, current or complete. All seekers will be required to submit their credit card information.
(e) Your failure to comply with the provisions of these Terms of Use may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.
Termination or Restriction of Access
We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services.
Privacy
We believe that personal privacy issues are important, so we developed a Privacy Policy to explain how we collect, use and disclose information and Content. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy at http://www.doneez.com/privacy
Optional Services
We may also allow access to, or advertise, certain third parties from which you may purchase certain goods or services from these third parties ("Partners"). You understand that we do not operate or control the products or services offered by Partners. Partners are responsible for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between you and Partners. Partners and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on the Site are accurate and comply with applicable laws.
Disclaimers of Warranty
You agree that your use of DoneEZ shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, DoneEZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS. DoneEZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA DoneEZ. DoneEZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH DoneEZ OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DoneEZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL DoneEZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF DoneEZ, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH DoneEZ. BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA DoneEZ, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DoneEZ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. DoneEZ is controlled and offered by DoneEZ from its facilities in the United States of America and we make no representations that DoneEZ is appropriate or available for use in other locations. Those who access or use DoneEZ from other jurisdictions do so at their own volition and are responsible for compliance with local law. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PARTNERS OR FOR ANY INFORMATION APPEARING ON PARTNER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL DoneEZ BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.
Indemnification
You indemnify DoneEZ You agree to defend, indemnify and hold harmless DoneEZ, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (1) your use of and access to DoneEZ; (2) your violation of any term of these Terms of Service; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of DoneEZ DoneEZ reserves the right, but has no obligation, to monitor, or take any action DoneEZ deems appropriate regarding disputes that you may have with other customers of ours. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from claims related to the conduct of any other customers of ours. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DoneEZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF DoneEZ TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).
Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement. “DoneEZ.” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
The content on DoneEZ, excluding all intellectual property of other sites obtained by way of API and linking, are owned by DoneEZ This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks"). These are owned or licensed to DoneEZ, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content not owned by DoneEZ is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as permitted through DoneEZ's functionality and under these Terms of Service. We reserve all rights not expressly granted in and to DoneEZ and the content.
As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights. With respect to other users, you grant each DoneEZ user, whether using DoneEZ or an application developed via a third-party developer, a non-exclusive license to access your submissions through DoneEZ and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through DoneEZ's functionality and under these Terms of Service. We respect the intellectual property of others, and we ask you to do the same.
Copyright Issues
If you're a copyright owner or an owner's agent and find content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (”DMCA”). To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DoneEZ's designated Copyright Agent to receive notifications of claimed infringement can be reached at by contacting us here help@doneez.com or at the address below: DoneEZ. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Electronic Communications
The communications between you and DoneEZ use electronic means, whether you visit the Site or send us emails, or whether DoneEZ posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from DoneEZ in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DoneEZ provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Changes to this Agreement
We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to all of the changes, if and when such changes may be made to the Agreement, you must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that you agree to such modified Agreement.
General Terms
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
These Terms of Service shall be governed by the internal substantive laws of the State of Delaware. Any claim or dispute between you and DoneEZ that arises in whole or in part from DoneEZ shall be decided exclusively by a court of competent jurisdiction located in Delaware.
These Terms of Service, together with the Privacy Notice and any other legal notices published by DoneEZ on DoneEZ, shall constitute the entire agreement between you and DoneEZ concerning DoneEZ
YOU AND DoneEZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DoneEZ MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are able to form a binding contract in your jurisdiction. If you aren't, you must leave DoneEZ You must, in fact, be done with DoneEZ
These Terms & Conditions were last updated on May 10, 2012.